General Conditions

GENERAL TERMS AND CONDITIONS OF THE PUBLIC E-BIKE SYSTEM IN RIJEKA

I TERMS USED IN THESE GENERAL TERMS AND CONDITIONS

1) The system of public renting of e-bikes (hereinafter: RICIKLETA) is a renting system of public electric bicycles (hereinafter: e-bikes) in the City of Rijeka.

2) The owner of the RICIKLETA system is the City of Rijeka, and the use of the e-bikes is enabled by signing a contract with the e-bike user.

3) The management of the RICIKLETA system in 2020 is HT d.d. Zagreb and UTE d.o.o. Pula based on a contract with the City of Rijeka.

4) The operator of the RICIKLETA system is GO2BIKE doo, Pula, Sponzina 75.

5) The user is a natural person of full age who has the right to use an e-bike based on the QRPay code, who is personally responsible for using the rented e-bike from the moment the e-bike is taken from the bicycle docking post at the RICIKLETA station until the e-bike is returned in good order and condition and registered back into the system.

6) The RICIKLETA station consists of pylons, e-bike docking posts, e-bikes and the software.

7) The pylon is a housing with a touch screen, located at all RICIKLETA stations, used to find available spots and e-bikes, to enter the one-time code, and find additional system information.

8) The docking post is a parking spot for e-bikes.

9) A one-time code is an alphanumeric code issued by the RICIKLETA System Operator after registration of the user, and serves for the use of the e-bike during the contracted time of use.


II TERMS OF USE OF THE RICIKLETA

The RICIKLETA may be used by any natural person of full age who has established a rental using QRPay code. By accepting these Terms of Use the bike user confirms under full material and criminal responsibility that he/she is of full age.

The use of e-bikes from the RICIKLETA system is possible every day of the week from 6 am to 10 pm. The e-bike can be used for a maximum of three hours continuously, which means that before the expiry of the three-hour period the user must return the e-bike to one of the stations of the RICIKLETA system located at the Dvorana mladosti Hall, at the Bazen Kantrida, near the Sušak Bridge and at the Jadranski trg Square.

The e-bike user shall use the e-bike pursuant to the provisions of the Road Traffic Safety Act ("Official Gazette" No. 67/08, 48/10, 74/11, 80/13, 158/13, 92/14, 64/15, 108/17 and 70/19; unofficial consolidated text),; of the Official Gazette – Narodne novine and on ricikleta.rijeka.hr).

We especially emphasize that the e-bike user shall wear a reflective vest or reflective cycling clothing or other reflective markings when circulating on the roadway at night and during the day in case of reduced visibility.


III USER REGISTRATION

The user registers to use the system directly at the RICIKLETA pylon sites via the QRPay code. The user has the right to rent a bicycle via the QRPay code according to the accessible and valid price list. The user purchases an alpha-numeric code for the RICIKLETA service by scanning (reading) the QRPay code for a bicycle located in a pylon, registers and agrees to the general terms and conditions, and pays for the service with a credit card. Should the allowed time limit be exceeded, there will be an extra charge to the credit card. The use of the QRPay system, on behalf of and for the account of the owner, is provided by the System Operator. By accepting the General Terms and Conditions, executing the payment and receiving the invoice the user is deemed to have accepted all the terms and entered into a the bike-renting contract.

The price of using an e-bike is 10,00 kn (VAT included). The maximum ride lasts 3 hours. Overdraft: 10,00 kn / hour - overdraft up to 5 min is tolerated.
Tariff 1: 1 hour – 10,00 kn (including VAT)
Tariff 2: 2 hours – 20,00 kn (including VAT)
Tariff 3: 3 hours – 30,00 kn (including VAT)

The system accepts Mastercard, Visa, Amex, Diners, and the Rijeka City Card.

The WSPay is a secure system for online payment, real-time payment, credit and debit cards and other payment methods. WSPay buyers and merchants ensure the secure entry and transfer of the card data that are confirmed by the PCI DSS certificate of the WSPay. WSPay uses a 256 bit encryption SSL certificate and the TLS 1.2 cryptographic protocol as the highest levels of data entry and data transfer protection.


IV HOW TO BECOME ENTITLED TO USE AN E-BIKE AND STARTING TO USE THE RICIKLETA SYSTEM

The method of use (e-bike rental) is described in detail on ricikleta.rijeka.hr.

How to become entitled to use the QRPay code:

First it is necessary to scan (read) the QRPay located on the pylon. The mode of scanning (reading) depends on the type of the cell phone and its technology (scanning through imaging applications - camera, the QRPay code reader application, etc.).

After the user has scanned (read) the QRPay payment code, further registration instructions follow (user name, e-mail, mobile phone, password, credit card number). The registration process is required only once. After the payment is made using the WSPay secure card payment system, the user is given an alpha-numeric riding code, which he then either enters on the pylon and selects the desired and available e-bike or scans the QR code on the desired e-bike, types in the purchased code and unlocks the e-bike using his cell phone. After that, the user can remove the e-bike from the docking post and start the ride.

By accepting the General Terms and Conditions, the user accepts that the Operator is entitled to tokenize the card up to the full amount of the overdraft by card payment on the secure WSPay system. The operator will notify the user by sending an e-mail to the address provided when acquiring the right to use the e-bike via the QRPay code.

The Operator may use the collected information about the user only for the purpose of the RICIKLETA system and users, regulated by these General Terms and Conditions, and concluded by the e-bike rental agreement and the General Data Protection Regulation. The beginning of using an e-bike is the moment when the user enters the one-time code in his cell phone and unlocks the e-bike.


V CONDITIONS OF THE E-BIKE USE

According to these General Terms and Conditions, e-bikes can be used within the administrative boundaries of the City of Rijeka.

The user is personally responsible for the rented e-bike, compliance with traffic rules and compliance with all other legal obligations.

The user shall use the e-bike according to the provisions of the Road Traffic Safety Act 67/08, 48/10, 74/11, 80/13, 158/13, 92/14, 64/15, 108/17 and 70/19; unofficial consolidated text,; the Act is available in the pages of the Official Gazette – Narodne novine and on ricikleta.rijeka.hr.

The user is advised to wear a safety helmet.

The user must ride the e-bike with both hands, which must be on the handlebar when riding.

The e-bike basket is used to carry things up to a maximum of five kilogrammes. When placing things in the basket, care must be taken not to overload the basket and to secure the things transported inside tightly so that they do not fall out while riding.

The user is not allowed to make any modifications or changes to the e-bike.
The user is forbidden to sublease the e-bike and is personally responsible for the rented e-bike.

Before using the e-bike, the user shall check that the e-bike is in proper condition (pedals and chain, handlebar, tires, brakes, lights and anything else that could affect the safety of riding).

Any defect on a rented e-bike that the user might notice should be immediately reported by phone 0800 00 05 or email rijeka@go2bike.hr.
The working hours for reporting possible defects are 8 am to 10 pm on weekdays and 8 am to 4 pm on weekends.

The user shall return the e-bike in the state in which it was taken and will bear all potential costs incurred due to non-compliance with these General Terms and Conditions (washing the e-bike, etc.)
It is not allowed to use an e-bike in the following cases:
a. for the transport of other persons (for safety reasons, especially children),
b. for rides outside the administrative boundaries of the City of Rijeka,
c. for the transport of combustible substances, explosives, toxic or hazardous materials,
d. to participate in races or e-bike testing events,
e. for rides in strong winds or bad weather conditions,
f. under the influence of alcohol or intoxicants.


VI LIMITATIONS OF THE RIGHT TO USE THE RICIKLETA SYSTEM

The use of e-bikes is charged per hour with a tolerance of 5 minutes delay, after which each subsequent hour is charged at the same price.
The user may use the same e-bike for a maximum of 3 hours from the start of the lease, after which he has to return it to the charging station. Failing to do so, the e-bike shall be considered alienated.

If the user does not return the e-bike after the expiration of 3 hours from the moment of registration at the RICIKLETA station and does not act in accordance with point 7 of the General Terms and Conditions, it will be considered as unauthorized alienation of other person’s property.

By accepting the General Terms and Conditions, the user agrees that the Operator has the right by tokenization of the card on the secure WSPay system additionally charge the user for possible additional usage time or for future use payments for the reasons stated in this point of the General Terms and Conditions, all in accordance with the applicable RICIKLETA system price list. The operator shall notify the user of this on the e-mail address given when acquiring the right to use the e-bike.

If the user does not have sufficient funds available on the specified credit card or the payment cannot be made for other reasons for which the customer is responsible, the Operator shall inform the user in writing, on the address given when acquiring the right to use the e-bike via the QRPay code, on the amount due, and demand a later payment within a specified deadline, along with a notice on compulsory collection. Until the payment of the above amount, the Operator will block the specified user and he will not be able to use the RICIKLETA system services any longer. In case the user is paying with a credit card, the card will not enable him to register if there is a restriction for the specific card. If there is no restriction, the cardholder will pay the amount to the creditor regardless of his relationship with the e-bike user.


VII THE USER'S DUTIES AND RESPONSIBILITIES

The responsibility of the user for the e-bicycle starts from the moment when the e-bicycle is taken from the RICIKLETA station and lasts until the correct return of the e-bike, that is, the moment when the return is registered in the system. Note: Check the platform mark indicating that the e-bike is properly locked (red mark - not correctly locked, green mark - correctly locked and only then the e-bike is properly returned).
The user uses the e-bike at his own risk.

The user assumes full responsibility for possible damages he caused to the e-bike. This applies to damages occurring to third parties as well as to theft at the time when the e-bike is rented.

In the event that after the return of the e-bike by checking by the computer system and after checking the actual condition of the e-bike a damage was noticed that could undoubtedly been caused by the user who had last returned the e-bike, the Manager shall notify that user in writing to the address the user provided when acquiring the right to use the QRPay code on the amount of damage done, and claim compensation within a specified period, along with a notice on the compulsory collection.

The user is not responsible for damages for which he has not been informed by the Manager in the described manner. This does not apply to damage caused by gross negligence or theft. The gross negligence of the user is a kind of behaviour of the user contrary to these General Terms and Conditions, the negligent attitude towards the e-bike, deliberate damage to the e-bike, damage to the e-bike caused by utter negligence of the user, and the non-locking the e-bike that led to the theft.

The user is also responsible for any additional damage and costs that may arise in the event that he does not cooperate with the Manager in determining the damage and / or the search for the perpetrator of e-bike theft or damage to the e-bike.

In case of damage to the bike, the user shall inform the Manager as soon as possible by phone 0800 00 05 or e-mail rijeka@go2bike.hr.
In case of bicycle theft, the user shall notify the Rijeka Police Station as soon as possible at the number 192.


VIII DUTIES AND RESPONSIBILITIES OF THE OWNER AND THE MANAGER

The System Manager guarantees that all e-bikes made available for use are in proper condition, but he does not exclude the possibility of malfunctions or defects arising from the regular use or from situations when the users return the bikes without reporting defects.
The owner and the System Manager are not responsible for injuries to users or third parties caused by the use of the e-bikes.
The owner and the System Manager are not responsible for personal items carried by the user on the e-bikes.
The owner and the System Manager shall not be held liable for damages suffered by the user in the case that he does not use the e-bike in the proper manner described in the General Terms and Conditions, as well as in the case of an unauthorized use of the e-bike.


IX ACCIDENT NOTIFICATION

In the event of a traffic accident, the user shall immediately report the accident to the System Manager at 0800 00 05, e-mail: rijeka@go2bike.hr or to the Rijeka Police Station at 192.

If the user does not report the accident, he will be held liable to the System Owner for any damage to the e-bike caused by the accident in question.


X ENDING OF USE AND RETURNING THE E-BIKE

The end of an e-bike rental is considered to be the moment when the user correctly returns the e-bike to the RICIKLETA station. The user shall park / return the e-bike so that it is visible at one of the RICIKLETA stations.
When returning, the e-bike must be locked so that it is properly placed in the appropriate RICIKLETA docking post. Note: Check the platform mark that the e-bike is properly locked (symbol of the locked padlock) – only then is the e-bike considered to be properly returned.

The locations of all RICIKLETA stations are shown on ricikleta.rijeka.hr.
If the user does not return the e-bike after the expiration of 24 hours from the moment of registration at the RICIKLETA station and fails to comply with these General Terms and Conditions, it will be considered as theft of the e-bike.
The System Manager will immediately report the theft to the Rijeka Police Station and the user has to compensate the owner for the damage.

A person found to have misappropriated an e-bike is required to pay the purchase price of the e-bike.


XI FEES AND PRICES

The fee for the use of an e-bike is calculated according to the valid price list on the day of the rental at the RICIKLETA station, in accordance with the General Terms and Conditions of use of the RICIKLETA service.

The RICIKLETA service pricelist is published on ricikleta.rijeka.hr.


XII PROTECTION OF PERSONAL DATA

The head of data processing is the System Manager, available at: rijeka@go2bike.hr.

The System Manager guarantees the confidentially of any personal data that the user has made available to him in any way, including the name, OIB, address, e-mail, credit card number and mobile phone number. The System Manager shall not make the aforementioned information available to anyone, except by order of the court, the Attorney General's office, police authorities or in order to comply with other legal obligations.

The System Manager is responsible for preventing the unauthorized use of third parties' user data. The user data provided by the System Manager when establishing an e-bike rental contract based on these General Terms and Conditions may be used only for the purpose specified in these General Terms and Conditions and for the duration of the contractual relationship between the Manager and the user; otherwise the System Manager shall be held responsible for the unauthorized use of personal data unless consent has been obtained from the user to store the data for the purpose in question.

The User is entitled to request from the Manager access to his personal data, correction or deletion of the personal data or limitation of processing the data; the User is further entitled to object to the processing of such data. In the case that the user determines that there has been a violation of a right guaranteed by the General Data Protection Regulation, he may file a complaint or a claim to determine a violation of the right with the General Data Protection Agency.


XIII OTHER PROVISIONS

Any disputes regarding the use of the RICIKLETA system fall under the competence of the Rijeka Municipal Court. Anything not specified in these General Terms and Conditions shall be governed by the Law of Obligations.


XIV PUBLICATION OF GENERAL TERMS AND CONDITIONS

1. These General Terms and Conditions will be available on ricikleta.rijeka.hr.

2. The information about the RICIKLETA system can be obtained by sending an e-mail with a request to rijeka@go2bike.hr or the customer service by phone 0800 00 05 on weekdays from 8 am to 10 pm and on weekends from 8 am to 4 pm.



In Rijeka, January 2020






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